Sununu Youth Services Center Criminal Court Process
Criminal Court Process for Hillsborough County New Hampshire
Hillsborough County is New Hampshire's most populous county and the only one with two shire cities, Manchester and Nashua, each home to its own Superior Court. Violations and misdemeanors are heard in six Circuit Court district divisions spread across the county, while felonies go to the Superior Court's Northern District in Manchester or Southern District in Nashua. Local police prosecutors handle most lower-level cases, and the elected Hillsborough County Attorney prosecutes felonies. Adults who are not released after arrest are held at the Hillsborough County Department of Corrections, the Valley Street Jail in Manchester.
- 9th Circuit Court – District Division – Manchester, 35 Amherst Street, Manchester, NH 03101 (serves the city of Manchester), 1-855-212-1234
- 9th Circuit Court – District Division – Nashua, 30 Spring Street, Suite 101, Nashua, NH 03060 (serves Nashua, Hudson and Hollis), 1-855-212-1234
- 9th Circuit Court – District Division – Goffstown, 329 Mast Road, Goffstown, NH 03045 (serves Goffstown, Weare, New Boston and Francestown), 1-855-212-1234
- 9th Circuit Court – District Division – Merrimack, 4 Baboosic Lake Road, Merrimack, NH 03054 (serves Merrimack, Litchfield and Bedford), 1-855-212-1234
- 9th Circuit Court – District Division – Milford, 4 Meadowbrook Drive, Milford, NH 03055 (serves Milford, Amherst, Brookline, Mason, Wilton, Lyndeborough and Mont Vernon), 1-855-212-1234
- 6th Circuit Court – District Division – Hillsborough, 15 Antrim Road, Box #3, Hillsborough, NH 03244 (serves Hillsborough, Antrim, Bennington, Deering and Windsor, plus Henniker, Warner, Bradford and Sutton in Merrimack County), 1-855-212-1234
- Courts outside the county that take Hillsborough County towns: the 8th Circuit – District Division – Jaffrey, 84 Peterborough Street, Jaffrey, NH 03452, hears cases from Peterborough, Hancock, Greenfield, Greenville, New Ipswich, Temple and Sharon; the 10th Circuit – District Division – Salem, 35 Geremonty Drive, Salem, NH 03079, hears cases from Pelham. Both: 1-855-212-1234
- Circuit Court – Family Division (juvenile cases) at the same Manchester, Nashua (Suite 102), Goffstown, Merrimack, Milford and Hillsborough addresses, 1-855-212-1234
- Hillsborough County Superior Court – Northern District, 300 Chestnut Street, Manchester, NH 03101, 1-855-212-1234
- Hillsborough County Superior Court – Southern District, 30 Spring Street, Nashua, NH 03060, 1-855-212-1234
- Hillsborough County Attorney's Office, 300 Chestnut Street, Manchester, NH 03101, (603) 627-5605
- New Hampshire Public Defender – Manchester office (northern part of the county), 20 Merrimack Street, Manchester, NH 03101, (603) 669-7888
- New Hampshire Public Defender – Nashua office (southern part of the county), 44 Franklin Street, 2nd Floor, Nashua, NH 03060, (603) 598-4986
- Hillsborough County Department of Corrections (Valley Street Jail), 445 Willow Street, Manchester, NH 03103, (603) 627-5620
Which court hears your case. In Hillsborough County the town where the offense happened decides the first courthouse. Violations and misdemeanors, a first DWI included, are filed in the Circuit Court district division assigned to that town: a Queen City arrest goes to Amherst Street in Manchester, a Hudson shoplifting charge goes to Spring Street in Nashua, a Bedford DWI goes to Baboosic Lake Road in Merrimack, and so on through the list above. New Hampshire did away with its separate municipal and police courts decades ago, so there is no city court in Manchester or Nashua; the district division is the local court for every one of the county's 31 towns and cities. District division trials have no jury, so anyone facing a Class A misdemeanor may elect a jury trial, which sends the case up to Superior Court. Felonies belong to the Superior Court. Under the "felonies first" system, felony charges now generally start directly in Superior Court rather than passing through a circuit court probable cause hearing. Manchester and the northern and western towns are served by the Northern District at 300 Chestnut Street; Nashua, Hudson, Merrimack, Milford, Pelham and other southern towns are served by the Southern District in Nashua.
Where pretrial detainees are held. After an arrest by a city or town police department, the Hillsborough County Sheriff's Office or the State Police, an adult is first held and processed at the arresting agency, often the local police station. A person who is not released there, or who must wait for a judge or magistrate, is taken to the Hillsborough County Department of Corrections at 445 Willow Street in Manchester, commonly called the Valley Street Jail. The jail is run by the county's Department of Corrections, not the Sheriff, although deputies transport prisoners to and from court. To ask whether someone is in custody, or about visiting and money, call the jail at (603) 627-5620.
- Courthouses in Manchester, Nashua and the towns
- What happens after an arrest in Hillsborough County
- The Valley Street Jail
- Public defender in Hillsborough County
- County Attorney, police prosecutors and diversion
- Drug court, mental health court and veterans tracks
- Misdemeanor (for example, theft, a first DWI, simple assault, criminal trespass)
- Felony (for example, burglary, felony theft, drug sales, second-degree assault)
- Violent felony (for example, murder, aggravated felonious sexual assault, armed robbery)
- Juveniles (under 18) arrested in Hillsborough County
- Federal cases (U.S. District Court) from Hillsborough County
Courthouses in Manchester, Nashua and the towns
Because Hillsborough County has two Superior Court districts and six circuit court buildings of its own, it helps to confirm the exact address on your summons or bail paperwork before you leave home.
- Northern District Superior Court, 300 Chestnut Street, Manchester. Felony arraignments, jury trials and sentencings for Manchester and the northern part of the county take place here. The building also houses the County Attorney's main office.
- Southern District Superior Court, 30 Spring Street, Nashua. The same Spring Street complex holds the Southern District Superior Court and the Nashua circuit court's district and family divisions, which makes it the busiest courthouse in the southern half of the county.
- Manchester circuit court, 35 Amherst Street. This building handles the city's large misdemeanor, violation and DWI docket as well as the Family Division's Manchester juvenile cases.
- Goffstown, Merrimack, Milford and Hillsborough circuit courts. These smaller buildings serve the suburban and rural towns. Each has a district division for adult cases and a family division for juvenile cases.
All of these locations answer through the Judicial Branch Information Center at 1-855-212-1234, which can confirm hearing dates and tell you which courtroom to report to. Expect airport-style security at every entrance, and plan extra time for parking in downtown Manchester and Nashua.
What happens after an arrest in Hillsborough County
Booking at the police station
The arresting department, whether Manchester, Nashua, a town force or a state trooper, records fingerprints and a photograph, takes personal property and runs a records check. Many people charged with lower-level offenses are released from the station with a summons or a bail order and a date to appear in the district division.
The bail decision
For most charges a bail commissioner (a court-appointed official who can be reached around the clock) decides whether the person may be released before arraignment and on what conditions. Release on personal recognizance, with no money required, is common for minor offenses; cash or surety bail may be set when there is a concern about appearing in court or about safety. Typical release terms in Manchester and Nashua cases bar contact with the complaining witness, forbid drinking, or keep the person away from a home or business. For certain serious violent charges, such as homicide, aggravated assault, felony domestic violence and sexual assault, release by a bail commissioner is off the table and the arrestee stays locked up until a judge hears the matter. A short-lived program of circuit court bail magistrates ended in September 2025, when House Bill 592 took effect; that 2025 law also widened judges' power to order pretrial detention and allows up to 36 hours, excluding weekends and holidays, for a held person's first bail hearing before a judge.
Arraignment
Misdemeanor defendants are arraigned in the district division, where the charge is read, rights are explained and a plea is entered. Felony defendants are arraigned in the Northern or Southern District Superior Court. People held at Valley Street often appear by video. At arraignment the judge can revisit bail, appoint a public defender for someone who qualifies, and set the next date.
After the first hearing
Misdemeanor cases usually go to a pretrial or case-status conference and then to a bench trial if no agreement is reached. Felony cases move through indictment, a dispositional conference and, if needed, jury selection, as described in the felony section below.
The Valley Street Jail
The Hillsborough County Department of Corrections operates the county's adult jail and house of corrections at 445 Willow Street, Manchester, NH 03103. Locally it is known as the Valley Street Jail. It holds people from all over the county who are awaiting trial without bail, people serving county sentences of up to about a year, and people held on probation or parole violations.
- Finding someone: call (603) 627-5620 to confirm whether a person is being held, the bail amount and the next court date.
- Posting bail: bail set by a judge can usually be posted at the jail or at the court; call ahead to learn which forms of payment are accepted and when.
- Visits, phone calls and accounts: visiting schedules, inmate phone systems and deposit options are set by the Department of Corrections and change from time to time, so confirm the current rules before going.
- Legal mail and attorney calls: defense lawyers arrange confidential calls and visits through the jail; a family member can pass the attorney's name to jail staff.
Youth under 18 are not held at Valley Street. A young person who must be detained goes to the state's juvenile facility, described in the juvenile section.
Public defender in Hillsborough County
New Hampshire Public Defender is a nonprofit law firm that represents qualifying defendants under a contract with the state's Judicial Council. Hillsborough County is split between two of its offices: the Manchester office, 20 Merrimack Street, (603) 669-7888, which covers Manchester and the northern district, and the Nashua office, 44 Franklin Street, 2nd Floor, (603) 598-4986, which covers Nashua and the southern district. If a conflict of interest blocks the public defender, for instance because a co-defendant is already its client, the court assigns a contract attorney or other appointed counsel.
Applying. A person who cannot afford a lawyer fills out a financial affidavit, and the court decides eligibility, usually at or before arraignment. Appointed counsel is available when the charge could lead to jail; a violation or a Class B misdemeanor, which carries no jail, does not come with a court-appointed lawyer.
Repayment. New Hampshire may order a defendant who was given appointed counsel to repay some or all of the cost later, depending on ability to pay, so ask your lawyer how this works in your case.
County Attorney, police prosecutors and diversion
Prosecution in Hillsborough County is divided by the seriousness of the charge.
- Police prosecutors employed by the Manchester and Nashua police departments and by the towns present most misdemeanor and violation cases in the district divisions. Some towns share a prosecutor or contract with an attorney for this work.
- The Hillsborough County Attorney, an elected official based at 300 Chestnut Street, prosecutes felonies in both Superior Court districts, presents cases to the county grand jury and handles misdemeanor appeals and jury trials sent up from the circuit courts.
- The New Hampshire Attorney General's Office prosecutes homicides and certain other major cases from the county.
Diversion
Many Hillsborough County communities run or join court diversion programs, mainly for first-time and lower-level offenders. A typical agreement calls for community service, counseling, restitution or classes; if the person completes it, the charge is dropped or never filed. Because the decision to offer diversion belongs to the prosecutor, a defense lawyer is usually the best person to ask whether a case might qualify.
Victims
The state constitution and the victims' bill of rights guarantee crime victims notice of hearings, a seat in the courtroom, and a chance to describe the harm before a sentence is imposed. The County Attorney's victim-witness staff help victims in felony cases.
Drug court, mental health court and veterans tracks
Hillsborough County has more specialty court options than any other New Hampshire county, reflecting its size.
- Drug courts: both the Northern District (Manchester) and Southern District (Nashua) Superior Courts operate adult drug courts for felony defendants with serious substance use disorders. Participants plead, then spend a year or more in intensive treatment with frequent testing and regular appearances before the judge.
- Mental health courts: the Judicial Branch has listed mental health courts in the Manchester, Nashua and Merrimack district divisions and in the Northern District Superior Court. They aim to connect people whose offenses stem from mental illness with treatment instead of jail.
- Veterans tracks: the Manchester and Nashua district divisions have offered veterans behavioral health tracks that link veterans with VA and community services.
Admission requires screening and the prosecutor's agreement, and openings depend on staffing and funding. People charged with violent offenses or drug dealing are often excluded. A defense attorney can request a referral and explain what a plea into one of these programs would mean.
Misdemeanor (for example, theft, a first DWI, simple assault, criminal trespass)
Misdemeanor cases in Hillsborough County are heard in whichever of the district divisions covers the town where the incident happened. New Hampshire has two misdemeanor classes: a Class A misdemeanor is punishable by as much as a year behind bars plus a $2,000 fine, whereas a Class B misdemeanor means no jail and a maximum fine of $1,200. Lowest of all is a violation, which is not a crime and is punished only by a fine.
How the case moves
At arraignment the defendant pleads guilty, not guilty or nolo contendere. A not-guilty plea leads to a pretrial conference and a bench trial before a circuit court judge. Requesting a jury on a Class A charge transfers the file to the Northern or Southern District Superior Court.
Typical penalties
- Theft valued at no more than $1,000: generally a Class A misdemeanor. First offenders often receive a fine, restitution and a suspended jail sentence.
- First DWI: a Class B misdemeanor; the court imposes a minimum $500 fine, revokes the license for nine months or more (part of which may be suspended after an alcohol evaluation and treatment), and completion of the state's impaired driver program. An aggravated DWI, for example with a blood alcohol concentration of 0.16 or more or excessive speed, is charged as a Class A misdemeanor and brings required jail days, a longer loss of license and an interlock device.
- Simple assault: normally a Class A misdemeanor; it can be a Class B misdemeanor when the fight was entered into by mutual consent. When the case involves a family or household member, it is flagged as domestic violence, which affects firearms rights and future sentencing.
- Criminal trespass: a violation or a misdemeanor depending on whether the person entered a building, ignored a notice, or entered a secured area.
Outcomes and timing
Many cases end with a negotiated plea, sometimes to a reduced charge, or with a filed or deferred disposition that is dismissed after a period of good behavior. A Hillsborough County misdemeanor usually takes one to four months from arraignment to resolution, though a busy Manchester or Nashua docket can push trial dates further out.
Felony (for example, burglary, felony theft, drug sales, second-degree assault)
Felonies from Hillsborough County are prosecuted by the County Attorney in the Superior Court district that covers the town of the offense. A state prison sentence in New Hampshire is written as a range, for instance "two to four years," and the prisoner becomes eligible for parole after the lower number.
- Complaint and bail: after arrest, the case is filed in Superior Court and a judge or magistrate addresses bail and conditions.
- Indictment: prosecutors bring the evidence to a Hillsborough County grand jury, and that panel votes on whether to indict. A defendant can waive indictment and proceed on a felony information, often as part of a plea agreement.
- Superior Court arraignment: the defendant enters a plea in Manchester or Nashua, and a public defender is confirmed if appointed.
- Dispositional conference: the prosecutor and defense meet to exchange evidence and discuss resolving the case; many felonies are settled at or after this stage.
- Final pretrial and trial: unresolved cases go to a jury of 12 people from the county, whose verdict must be unanimous.
- Sentencing: the judge may order a presentence investigation by state probation and parole and hears from both sides and any victim.
Penalty ranges
- Class B felony: maximum of 3½–7 years in state prison and up to a $4,000 fine.
- Class A felony: maximum of 7½–15 years and up to a $4,000 fine.
- Felony theft: more than $1,000 up to $1,500 is a Class B felony; more than $1,500 is a Class A felony.
- Burglary: usually a Class B felony; it becomes a Class A felony when the person is armed, causes injury, or enters an occupied home at night.
- Second-degree assault: a Class B felony.
- Drug sales: penalties depend on the substance and amount, and large quantities of fentanyl or heroin can bring decades in prison.
Judges can impose state prison, a county jail term at Valley Street, probation, or a suspended sentence with conditions. Earned time for programs can reduce the minimum term. A felony case in Hillsborough County typically takes six to fifteen months to resolve.
Violent felony (for example, murder, aggravated felonious sexual assault, armed robbery)
Serious violent cases follow the same Superior Court path, but defendants are much more likely to be held without bail at Valley Street, especially under the stricter detention rules adopted in 2024 and 2025. Homicides from Manchester, Nashua and the towns are prosecuted by the Attorney General's Office rather than the County Attorney.
- First-degree murder: life without the possibility of parole is mandatory; capital punishment was abolished by the legislature in 2019.
- Second-degree murder: life imprisonment or a long term of years set by the judge. Manslaughter carries up to 30 years.
- Aggravated felonious sexual assault: many offenses carry a sentence of 10 to 20 years, and some, such as repeated assaults on young children, carry longer mandatory terms.
- Armed robbery: robbery with a deadly weapon counts as a Class A felony, capped at 7½–15 years; other robbery is a Class B felony.
Victims and their families are entitled to notice of each stage, to attend, and to speak at sentencing. With forensic testing, expert witnesses and lengthy motion practice, violent felony cases in Hillsborough County usually take one to two years, and sometimes longer, to reach a verdict or plea.
Juveniles (under 18) arrested in Hillsborough County
An offense by someone under 18 is handled as a delinquency petition in the Circuit Court – Family Division, not an adult prosecution. Hillsborough County has family division courtrooms at the same six locations as its district divisions: Manchester (35 Amherst Street), Nashua (30 Spring Street, Suite 102), Goffstown, Merrimack, Milford and Hillsborough. All can be reached at 1-855-212-1234.
Intake and diversion
Juvenile Probation and Parole Officers, who work for DCYF (the state's Division for Children, Youth and Families), screen referrals and recommend how a case should be handled. Many Hillsborough County communities have juvenile court diversion programs that let a first-time or low-level offender avoid a formal petition by completing community service, restitution, counseling or other requirements. Petitions that go forward are prosecuted by the local police prosecutor or, in more serious matters, the County Attorney.
Detention
Most youth are released to a parent or guardian. Where a youth is locked up, New Hampshire law calls for a detention hearing promptly, generally within one day of placement excluding weekends and holidays. The state's secure facility for detained and committed youth is the Sununu Youth Services Center in Manchester. A 2023 statute ordered that aging Manchester campus shut and a smaller state-operated unit built in its place; in 2026 the state reported that the replacement was being built on the Hampstead Hospital campus in Hampstead, with youth expected to move there in early 2027. Until then, Sununu Center remains in use. Juveniles are entitled to a lawyer, usually from the public defender's Manchester or Nashua office.
Outcomes
If the court finds the youth delinquent, it can order probation supervised by DCYF, counseling, restitution, community service, placement outside the home, or, for serious cases, commitment to the state facility. Juvenile records are confidential and can often be annulled later.
Transfer to adult court
In the gravest cases, prosecutors may petition the family division to transfer the youth to Superior Court for adult prosecution, a step often called certification. In general, transfer is possible for any felony when the youth is at least 15, and for certain very serious violent felonies, such as murder or aggravated felonious sexual assault, from age 13. The judge weighs the seriousness of the offense, the youth's record and maturity, and the chance of rehabilitation before deciding.
Federal cases (U.S. District Court) from Hillsborough County
New Hampshire is one federal judicial district with no divisions, so every federal criminal case from Manchester, Nashua and the surrounding towns is heard at the Warren B. Rudman U.S. Courthouse, 55 Pleasant Street, Concord, NH 03301, roughly 30 minutes up Interstate 93 from Manchester. Jurors come from all ten counties, and a defendant who loses can appeal to the First Circuit, which sits in Boston.
Why Hillsborough County produces many federal cases
As the state's largest population center and a crossroads on Interstate 93 and the Everett Turnpike near the Massachusetts line, the county sees a large share of New Hampshire's federal prosecutions. Common cases include fentanyl and other opioid trafficking, felon-in-possession and straw-purchase firearms charges, fraud, child exploitation and bank robbery. Agents from the DEA, FBI, ATF and Homeland Security Investigations, along with postal inspectors and IRS investigators, regularly work these cases beside Manchester and Nashua officers on joint task forces.
Key federal offices
- U.S. Attorney's Office, District of New Hampshire: 53 Pleasant Street, 4th Floor, Concord, NH 03301, (603) 225-1552
- Federal Public Defender, New Hampshire office: 22 Bridge Street, Concord, NH 03301, (603) 226-7360; Criminal Justice Act panel attorneys take cases when the defender has a conflict
- U.S. Marshals Service, District of New Hampshire: Rudman Courthouse, 55 Pleasant Street, Room 207, Concord, NH 03301, (603) 225-1632
The federal process
Whether brought in by arrest or summons, a defendant first sees a U.S. magistrate judge in Concord. Should the government seek to keep the person locked up, the detention hearing generally comes within three court days; the outcome is either custody or release under conditions monitored by U.S. Probation and Pretrial Services, and federal court has no bail bond companies. A case started by complaint must be indicted within 30 days of the arrest, followed by arraignment. The 70-day limit of the Speedy Trial Act is frequently stretched by continuances, and most defendants ultimately plead guilty under an agreement; those who go to trial face a 12-member jury that must agree unanimously. Before sentencing, probation prepares a presentence report, and the judge consults the advisory Sentencing Guidelines while applying any mandatory minimum. Because federal parole was abolished, good-conduct credit can trim a federal term by only about 15 percent at most, and a period of supervised release follows.
Custody and finding someone
Federal defendants awaiting trial are placed by the U.S. Marshals Service in jails in New Hampshire and nearby states that contract with them, so a person arrested in Manchester or Nashua may be housed far from home. Families should call the Marshals office for location information. After sentencing, a federal prisoner's location appears in the Bureau of Prisons inmate locator. Federal charges against juveniles are rare.
This page offers a general overview of how criminal cases tend to move through the courts serving Manchester, Nashua and the rest of Hillsborough County, and it is not legal advice; laws, local practices and court schedules change, and every case turns on its own facts. Anyone charged with a crime should speak with a defense attorney or contact the New Hampshire Public Defender's Manchester office at (603) 669-7888 or Nashua office at (603) 598-4986. For hearing dates at any Hillsborough County court, call the Judicial Branch Information Center at 1-855-212-1234.
Criminal Court Process for Hillsborough County New Hampshire
Hillsborough County New Hampshire Criminal Court System – Definitions
It might be helpful to define some words that will be used on this site, when explaining the New Hampshire Court System and how it works. The definitions on this site are for general information and not legal advice. It is always preferred to follow information given by your attorney or local authorities.
If you scroll down below this content, and the listing of the courts in Hillsborough County, you will find a simple flowchart diagram and a video that will help you visualize the stages of the Criminal Court Process.
Arrest is when New Hampshire, Hillsborough County or local police take a person into custody and start the legal process. The arrested person may or may not be immediately jailed.
In less serious crimes, the person may only be given a citation ordering that they appear in municipal or Hillsborough County court on a certain date. In cases involving more serious crimes, the person is usually placed in the county jail until an arraignment, or a judge decides the next step.
Booking is when the Hillsborough County sheriff or local police gather information such as the detainee’s name, address and why the person is being arrested. Booking also includes fingerprinting, criminal history, investigation, and verification of identity. Bail for lower-level crimes may be set right after booking so the arrested can “bail or bond out” before being detained.
The prosecution, sometimes called “the government” or “the people” or “the state” is the side that presses the charges and seeks punishment for the offense. These are attorneys that work for the state of New Hampshire, Hillsborough County or a city or town. The prosecuting attorney for Hillsborough County or the district is called the County Attorney. A U.S. Attorney prosecutes federal cases.
Jurisdiction is an important term in the court system that means whether a court has the obligation or duty or right to handle a case. For example, if you run a red light in your town or city, a municipal court would likely have jurisdiction over your case, but the next town or city over would not have jurisdiction over your case. If you attempted to flee from police when they attempted to stop you after you ran the red light, it becomes a more serious crime, and the municipal court might not have jurisdiction so you might be assigned to a higher-level court that has jurisdiction over the more serious crime. Jurisdiction varies from state to state and sometimes county to county.
Arraignment is when a judge determines whether the charges are supported by the prosecution’s initial evidence and tells the arrested what they are charged with, and the person says whether they are guilty or not guilty. At this time, the person is called the defendant, and the opposing side is called the prosecution. If there is reason to believe that the arrested is guilty, the judge will set bail conditions or send the defendant to jail or release them ROR (release on recognizances). An arraignment is not a trial, and the defendant is entitled to a trial within a reasonable amount of time after the arraignment.
Bail is money paid that is held by the Hillsborough County or municipal court to make sure that the arrested does not flee the area before their trial. Bail amounts and other conditions are determined at the arraignment. Once the case is over, the bail money is returned to the defendant. If a person does not pay bail, they remain in the Hillsborough County Jail until their trial.
Bail can be denied if the court feels that the arrested would be a danger to others if released. Sometimes the court decides that there is a good chance that the arrested will show up for trial and not flee so they are released on their own promise, or recognizance without having to pay bail.
A bond proceeding is the determination of how much bail is to be paid and usually happens at the same time as an arraignment. In New Hampshire, the bail bond is processed by a clerk or bail commissioner who relies on a statewide bail schedule, which sets out a recommended range of bail amounts for different offenses. Judges can still exercise discretion in setting bail above or below the recommended range. During bond proceedings, the defendant can have an attorney present but does not have the right to an attorney.
A personal recognizance bond is a bond where someone representing the defendant signs paperwork promising to pay the money if the defendant does not show up to court. If the defendant does not show, the full amount will be due and the people who signed the paperwork will be responsible for paying the court.
Cash percentage in lieu of bonds. If the bond order permits, the defendant pays 10% to the court, which then holds the money until the case is over. The amount is returned if the defendant is acquitted or the case is dismissed, or it can be used toward paying any court fines incurred by the defendant.
Surety Bond is when defendant pays a percentage of the bond amount (usually 10%) to a professional bondsman or bail bond company licensed to do business in New Hampshire, {county extended}. The bondsman then signs the bond on behalf of the defendant. The defendant does not receive any of the money back. If the bondsman feels the defendant is a flight risk, they can refuse to give a bond or charge a higher fee. For example, a bondsman may determine a defendant is a flight risk if they are from a state other than New Hampshire.
A Property Bond is a bond in which the bond is pledged in land or home real estate (mobile homes are not accepted). Usually, the property must be in Hillsborough County, and it must be worth at least the amount of the bond.
It is always important to have family involvement after being arrested. Not only can they make calls and communicate on your behalf (not all bond companies will accept collect calls), but family support will show the court that there are people who will make sure that the defendant makes it to court, not only for the defendant’s own good, but because they may have signed bond paperwork and responsible to pay if the defendant does not show in court. Chances of obtaining a bond from a bond company or clerk of court are better if family is involved.
(There have been phone scams where a bond company calls and informs a person that their family member has been arrested and they ask for financial information. A bondsman will not call asking for money without involvement of the arrested.)
A criminal defense attorney (also called lawyer or counsel) is hired or retained to represent the arrested as early as possible after the arrest.
If there is a chance that the case might go to trial and the defendant cannot afford an attorney, the 6th Amendment of the U.S. Constitution requires that the court provide an attorney. This is called indigent representation and a public defender or assigned attorney would represent the defendant in all proceedings. Indigent representation is only available misdemeanor and felony cases that could result in jail time, juvenile cases, and certain appeal cases.
In New Hampshire, indigent defendants are provided with appointed counsel rather than a public defender. New Hampshire contracts with a private law firm to serve the entire state. The New Hampshire Public Defender is a non-profit law firm that has served as the statewide public defender program, through a series of two-year contracts with the state’s judicial council.
For less serious cases or civil cases, there are pro bono volunteers who volunteer legal services for free or for a small fee. They often will hold clinics to teach people how to represent themselves in court or expunge their record which means to legally erase or eliminate a criminal or arrest record from public view. New Hampshire Legal Aid provides assistance in legal aide and self-representation. More information can be found on the following website. The New Hampshire Judicial Branch also offers legal self-help.
A district court can refer to the first level of the legal system, or a minor court. District courts are in the community. A district court can also refer to a U.S. Federal District Court that hears federal cases. There is one U.S. federal district court in New Hampshire, with offices throughout the state. It is important that you check the address of the court you are to appear in rather than to ask someone because that person might give you directions to the wrong “district” court. Being late to court can land you in custody as well.
Pretrial proceeding is the process where both sides (prosecution and defense) gather information, interview witnesses, request records, videos etc. Pretrial proceedings also include communications with the judge assigned to the case and these appearances are either in person or by on-line conferencing. Some pretrial proceedings may not require a defendant’s appearance, allowing an attorney to appear in their place. The information that is gathered is called discovery and both sides must share the information that they have gathered. This information does not include conversations between the arrested and their attorney.
Most cases do not go to trial because both sides reach a plea deal, where both sides try to reach a reasonable punishment based on what was learned in the pretrial proceedings. A plea deal can only happen if the accused person admits they are guilty in exchange for a lighter punishment. The reason they must admit guilt is because it would not be fair to punish someone who claims they are not guilty. There are times in plea bargaining when the prosecution agrees to give a lighter sentence in exchange for information leading to the arrest of a more serious criminal related to the crime.
Trial is where both sides share their information in front of a judge or a judge and jury. After listening to all the evidence, the judge or jury decides the verdict which is whether the person is guilty or not guilty. If a court has only a judge hearing both sides, it is called a bench trial. If a jury is selected, it is called a jury trial. If the defendant is found not guilty, they are released. If they are found to be guilty, the next step is sentencing.
Sentencing is the punishment that the judge decides the person should get. This could be jail or prison time, fines, community service, probation, or a combination.
Appeal is asking for a higher court to hear the case again at an appellate court. If the accused person thinks something went wrong at trial or has new information that was not available during the trial or that the sentence is too harsh, the defense attorney can ask for an appeal. It is not unusual for an appeal when there is a long jail sentence, but an appeal can be denied if the appellate court feels that the original trial or sentencing was fair.
In New Hampshire, a misdemeanor is divided into Class A or B.
- Class A misdemeanors carry punishments of jail for up to 1 year and/or pay a fine up to $2,000.
- Class B misdemeanors carry fines up to $1200 and no jail time.
A felony crime is a more serious crime than a misdemeanor and are divided into different classes which are general guidelines and are based on the crime, prior criminal history and other factors. Examples of felony crimes are murder, rape, theft, aggravated assault, drug trafficking, kidnapping and identity theft.
Felonies in New Hampshire are divided into Category A through E with A being the most severe felony.
Sentencing guidelines are used to determine which category to charge based on information from the incident, prior record and crimes that occurred at the same incident.
The Hillsborough County Clerk of Court is an elected official whose responsibilities for Criminal Court’s administrative issues include receiving criminal warrants, receiving bail, creating the trial schedule, receiving fees, fines and maintaining court records.
A warrant is used to get someone to appear in court or to law enforcement. There must be good reason to believe that the person is involved in a crime. The warrant gives authority to arrest the person and search for evidence for the investigation of the crime.
A criminal summons is issued to request that a person appear in court at a particular time and date. It does not involve an arrest. A traffic ticket, summary citation or lesser misdemeanor could be considered a summons if you are given a court date.
A summary citation, commonly referred to as a ticket, is a criminal summons by a law enforcement officer either in person or via mail accusing the defendant of a minor offense, stating potential fine, listing the court having jurisdiction and instructions for addressing the issue. Defendants may or may not be required to appear in court or handle the matter by entering a plea via mail.
Fines are usually paid to the District Court or clerk of court and payment methods can be found on the District Court or Hillsborough County Clerk of Court website. If you do not pay your fine on time, you can lose your driver’s license, must pay additional fees or even have a warrant for your arrest. It is important to read the instructions on the ticket issued by the police officer or court at the time of your arrest. For a parking ticket or summary citation, the fine amount and how to send payment should be on the ticket.
New Hampshire Criminal Court System - How it Works
The district court division of the circuit court handles criminal misdemeanor cases and motor vehicle violations. Other divisions in the circuit court include family (juvenile included) and probate court. There are 10 circuits in the state, one in each county with several court locations within the district.
The New Hampshire Superior Court is the trial court for misdemeanor and felony cases. Generally, the less serious misdemeanor cases are heard in district court and the more serious cases are heard in superior court. Felony cases as drugs, burglary, theft and aggravated sexual assault) are handled from preliminary hearing through to trial or plea bargain. Misdemeanor appeals from the circuit court district division are heard in superior court.
Specialty courts or problem-solving courts are being adopted in many states to handle cases that involve non-violent and first-time offender cases in a way to where the offender can retain a job or responsibilities while following specific orders of the court as returned court appearances, periodic evaluations or testing for substances. New Hampshire offers drug and mental health courts are available in various Superior and Circuit Court District Division locations in New Hampshire.
The New Hampshire Supreme Court is like our United States’ Supreme Court because it has a panel of judges that rule on matters that have to do with someone’s constitutional rights or policies and laws. The New Hampshire State Supreme Court deals with the state constitution or laws or policies. Sometimes the Supreme Court will hear criminal cases on appeal when there is a question on the state laws or procedures that lead to the appeal.
The criminal cases are usually referred from the Superior Courts.
FEDERAL COURT
Federal Court deals with crimes involving violations of United States laws. Federal crimes include federal drug trafficking, federal tax evasion and fraud that crossed state lines and include crimes that occur on federal property as post offices or federal buildings.
Cases involving crimes that involve the FBI or DEA or Immigration agencies are federal crimes. Terrorism is a federal crime.
There are some differences in the Federal court system as compared to the New Hampshire state court system. For example, the attorneys who work for the courts are called United States Attorneys and Federal judges are called District Court Judges (not to be confused by local state district courts).
Federal Magistrate Judges hear the case early on, but they do not decide on the cases at a trial like the Federal District Court Judges. In a federal case, a grand jury is used for indictments.
There is one U.S. Federal Judicial District in New Hampshire.
